Voglio sapere a riguardo di…

46654

Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

prevent this dangerous equipment from being introduced into the nations communications networks.
3. Revoking Equipment Authorizations The actions that the Commission proposes above would serve to prohibit any prospective authorization of covered communications equipment on the Covered List as posing an unacceptable risk to national security.
Those proposed actions do not, however, address whether the Commission could or should revoke any existing equipment authorizations of such covered communications equipment, and if so, the processes for doing so. The Commission addresses those issues here.
Background. Section 2.939 sets forth the Commissions rules for revoking authorizations of equipment. Section 2.939a1 provides that the Commission may revoke an equipment authorization for false statements or representations either in the application or in materials or response submitted in connection therewith or in records that the responsible party is required to maintain about the authorized equipment e.g., drawings and specifications, description of the equipment, any test report, equipment compliance information. Section 2.939a2 states that the Commission may revoke an equipment authorization if upon subsequent inspection or operation it is determined that the equipment does not conform to the pertinent technical requirements or to the representations made in the original application. Section 2.939a3
provides that the Commission may revoke an equipment authorization if it is determined that changes have been made in the equipment other than those authorized by the rules or otherwise expressly authorized by the Commission. Section 2.939a4
provides that the Commission may revoke any equipment authorization because of conditions coming to the attention of the Commission which would warrant it in refusing to grant an original application. As set forth in 2.939b of the Commissions rules, the procedures for revoking an equipment authorization are the same procedures as revoking a radio station license under section 312 of the Communications Act.
See 47 CFR 2.939b; 47 U.S.C. 312.
Finally, under 2.939c, the Commission also may withdraw any equipment authorization in the event of changes in its technical standards.
Discussion. If the Commission adopts the rules proposed above to prohibit any further authorization of covered equipment on the Covered List, the
VerDate Sep<11>2014

16:45 Aug 18, 2021

Jkt 253001

Commission seeks comment here on the extent to which the Commission should revoke any existing equipment authorizations of such covered equipment pursuant to the Commissions section 2.939 revocation rules. The Commission notes that if it revoked an existing equipment authorization, the marketing of that equipment would be prohibited pursuant to part 2 subpart I, per section 2.803b, and import and marketing would be prohibited pursuant to part 2
subpart K, per sections 2.1201a and 2.1204a.
The Commission tentatively concludes that sections 2.939a1 and 2 would apply to covered equipment, such that the Commission has authority to revoke any existing equipment authorizations that may have been granted under false statements or representations including nondisclosure concerning whether an equipment authorization application that was subsequently granted had in fact included covered equipment in whole or as a component part.
Shenzhen Tangreat Technology Co., Ltd., 30 FCC Rcd 3501,3505, paras. 12
14 EB 2015 Shenzhen substantial and material questions exist as to whether the authorization should be revoked because the information in the application was false or misleading.
This would enable the Commission to revoke any equipment authorizations that are granted after adoption of the rules proposed in this NPRM, even if the TCBs or the Commission had not acted to set aside the grant within the 30-day period following the posting of the grant on the Equipment Authorization System EAS database.
The Commission seeks comment on this tentative conclusion.
To assure that otherwise authorized equipment is not subsequently replaced by any covered equipment whether in whole or with component parts of covered equipment, the Commission also tentatively concludes that section 2.939a3 would apply, and that the Commission can revoke an existing equipment authorization if changes have been made in the equipment other than those authorized by the rules or otherwise expressly authorized by the Commission. Shenzhen, 30 FCC Rcd at 350506, paras. 1517 Commission investigation demonstrated that the equipment marketed does not match the specifications described in the granted application. The Commission seeks comment on these and any other scenarios that implicate the need to revoke an existing equipment authorization to exclude covered equipment from the U.S. market.

PO 00000

Frm 00049

Fmt 4702

Sfmt 4702

The Commission also seeks comment on other circumstances that would merit Commission action to revoke any existing authorization of covered equipment. Under what circumstances should the Commission revoke an existing authorization? For instance, to what extent does section 2.939a4, which allows revocation because of conditions coming to the attention of the Commission which would warrant it in refusing to grant an original application, provide guidance?
Specifically, if the Commission would not have granted an application with equipment from an entity on the Covered List under newly adopted rules, then could the Commission use section 2.939a4 to revoke an equipment authorization with said equipment that had been granted prior to the adoption of the rule? Shenzhen, 30 FCC Rcd at 3506, paras. 1820 when Commission investigation determined device was a radio frequency jammer, substantial and material questions exist as to whether the application should have been granted, see also J
Communications Co., Ltd., 19 FCC Rcd 10643, 10645, para. 9 EB 2004
revoking GMRS radios because the Commission could have denied the original equipment authorization application for the devices had this fact been made known to the Commission. The Commission seeks comment on this approach and on any other approach or particular circumstances that would merit Commission action to revoke any existing authorization that concerns covered equipment on the Covered List.
The Commission seeks comment on the applicability of section 2.939c, which states that the Commission also may withdraw any equipment authorization in the event of changes in its technical standards, with regard to revocation of authorizations that include covered equipment. In the event the Commission were to adopt rules barring new equipment authorizations for equipment on the Covered List, it tentatively concludes that such a change should constitute a change to the Commissions technical standards that could warrant withdrawal of equipment authorizations that are contrary to these new rules. The Commission seeks comment.
In addition, the Commission seeks comment on the specific procedures the Commission should use if and when it seeks to revoke an existing equipment authorization. Section 2.939b requires that revocation of an equipment authorization must be made in the same manner as revocation of radio
E:FRFM19AUP1.SGM

19AUP1